The move has angered sea otter advocates, who want to see the federally designated threatened marine mammal recover throughout its historic range, from Oregon to Baja, Mexico.

The bill should be called “S.O.S., Sacrifice Otters for Shellfish,” said Steve Shimek, executive director of The Otter Project in Monterey.

The Otter Project and the Santa Barbara-based Environmental Defense Center took the U.S. Fish and Wildlife Service to court in 2009 to end what is known as the translocation program. The Fish and Wildlife program, launched in 1987, sought to establish a backup population at San Nicolas Island in case of a natural or human-caused catastrophe, such as an oil spill. In a compromise designed to alleviate concerns of opponents, the federal agency also designated a “no-otter zone” south of Point Conception in Santa Barbara County.

But the program is largely considered a failure, and federal wildlife officials settled with plaintiffs in 2010 with the understanding that the best route to recovery is to allow sea otters to expand into their natural range.

Environmental review of the plan to eliminate the no-otter zone is well under way, with a final decision scheduled for release in December.

Gallegly’s bill would exempt the Navy, which conducts weapons testing on San Nicolas Island, from provisions protecting otters under the Endangered Species Act and Marine Mammal Protection Act and requires the Fish and Wildlife plan to ensure current levels of shellfish harvests.

Gallegly spokesman Tom Pfiefer said the issue was brought to the attention of the congressman by area residents concerned about the impact on Naval bases in the area, and the language was worked out with the cooperation of the Navy.

“This protects the Navy from undo measures under those acts,” Pfiefer said. “Obviously, they’ll still take care to protect (the otters).”

Lt. Cmdr. Alana Garas, a Navy spokeswoman, declined to comment specifically on Gallegly’s bill, saying it would be inappropriate for her to comment on proposed or pending legislation.

“Preparing to execute the Navy’s mission entails many aspects of fleet readiness that includes training on sea-ranges alongside environmentally sensitive areas and protected species, including the sea otter,” Garas said. “We take our environmental stewardship every bit as seriously as we do training to defend our nation.”

Pfiefer said the Navy is the largest employer in Ventura County.

But sea urchin fisherman, worried about their economic interests, have been the most outspoken foes of allowing otters to return. It’s the provision related to shellfish harvests that’s at the heart of the bill, advocates say.

Military operations have rarely, if ever, harmed sea otters, they say. The issue is a red herring. Advocates say there’s no way to guarantee the size of shellfish harvests, regardless of the presence of otters.

But Shimek acknowledged otters will affect commercial fishing for sea urchins and lobster, a prime source of food for sea otters. The industry will adapt, he said.

“If sea otters were to come back, you’re not going to see commercial fisheries wiped out,” Shimek said. “You’re going to see what you see in Monterey, Half Moon Bay, Morro Bay. You’re going to see a shift (among commercial fisherman) from shellfish to fin fish.”

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